HomeMy WebLinkAbout10384ORDINANCE NO. 10384
AN EMERGENCY ORDINANCE APPROVING AND
AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND POSADA, INC.,
A COLORADO NONPROFIT CORPORATION, AS AUTHORIZED
BY SECTION 603 OF THE AMERICAN RESCUE PLAN ACT
AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND
AUTHORIZING THE PAYMENT OF FIFTY THOUSAND
DOLLARS ($50,000) FROM PROJECT NO. CI2113 - AMERICAN
RESCUE PLAN ACT, FOR PURPOSES THEREOF
WHEREAS, , on March 11, 2021, President Biden signed the U.S. Senate-amended
H.R. 1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter “ARPA”); and
WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to
implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (“CFR”); and
WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of April
1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal
Regulations (“CFR”); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal Recovery
Funds (“CLFRF”) to respond to the COVID-19 public health emergency and the negative
economic consequences resulting therefrom; and
WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR
35.6(b)(7) recipients may use CLFR Funds to award grants to nonprofit organizations that are
responding to the negative economic impacts of the COVID-19 public health emergency; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Subrecipient Agreement (“Agreement”) dated February 13, 2023, between the City
of Pueblo, a Colorado municipal corporation and Posada, Inc., a Colorado nonprofit corporation,
a copy of which is attached hereto, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement for and on behalf of the City
and the City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 3.
Funds in the amount of $50,000 are hereby authorized to be paid from Project No.
CI2113 – American Rescue Plan Act, to provide emergency housing assistance, including hotel
vouchers, to tenants recently evicted from the Skyview Apartments.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and the attached Agreement to implement the policies and procedures
described herein.
SECTION 5.
Savings Clause: As of 2/8/2023, 24 homeless families recently evicted from the Skyview
Apartments, have contacted Posada searching for housing assistance. The immediate
enactment of this Ordinance is necessary in order to preserve and protect the health, safety and
welfare of the residents of the City. Pursuant to Sec. 3-20 of the City Charter, this Ordinance
shall become effective on the date of final action by the Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 13, 2023 .
Final adoption of Ordinance by City Council on February 13, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on February 15, 2023 .
□ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Deputy City Clerk
City Clerk's Office Item # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 13, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND
POSADA, INC., A COLORADO NONPROFIT CORPORATION, AS
AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE PLAN
ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND
AUTHORIZING THE PAYMENT OF FIFTY THOUSAND DOLLARS
($50,000) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN
ACT, FOR PURPOSES THEREOF
SUMMARY:
This Ordinance approves and authorizes the Mayor to sign a Subrecipient Agreement
with Posada, Inc., a Colorado nonprofit corporation (“Posada”) to provide emergency
housing assistance, including hotel vouchers, to tenants recently evicted from the
Skyview Apartments as a result of a recent catastrophic breakdown of the apartment
complex’s heating and sewer systems (hereinafter “Project”) as authorized by Section
603 of the American Rescue Plan Act and U.S. Treasury Final Rule 31 CFR
35.6. Funds for the Project, in the amount of $50,000 will be paid out of Project No.
CI2113, the American Rescue Plan Act
PREVIOUS COUNCIL ACTION:
By Ordinance No. 9931, approved on May 17, 2021, the City Council established
Project No. CI2113 and budgeted and appropriated up to $36.7 million in funds which
were expected to be distributed to the City from the American Recovery Plan Act
(“ARPA”) for covered costs and eligible expenses to be incurred during the period which
began on March 3, 2021 until December 31, 2024 (to be expended by December 31,
2026).
BACKGROUND:
Posada provides housing and supportive services that empower homeless individuals
and families in Pueblo County to become self-supporting members of the community.
Posada's services include referrals, and education and employment assistance, with the
goal of empowering those experiencing homelessness and those at risk of becoming
homeless due to COVID-19, to achieve their full independence and potential.Skyview
Apartments, located at 2025 Jerry Murphy Road, Pueblo, CO 81001, provides housing
to Pueblo residents from the lower range of Pueblo’s economic scale. Tenants are
largely low income and many receive financial assistance from various state and federal
programs.
On February 2, 2023, 85 Skyview Apartments tenants received a 3-day notice to vacate
the building by the owner of property, Skyview Apartments LLC. The notice indicated
that severe damage to the apartment building had occurred, and the building was no
longer habitable.
The exact cause of the damage is unknown, but it is suspected that the mechanical louv
ers allowing make- up air into the mechanical room for the operation of the combustion
fuel appliances malfunctioned and stuck open during recent cold inclement weather
causing the pipes in the mechanical room to freeze and burst. The rushing water
extinguished the flames in the boiler serving the entire building. The water within the
boiler then froze damaging the unit beyond repair.
The running water proceeded to overwhelm the building drain lines, which plugged, and
allowed sewage to back up in the building. Three feet of sewage accumulated in the
mechanical room, dispersed into the laundry area, and the adjacent units on the lower
level.
The sewer was compromised prior to the water break, but the extent of the damage
may not have been known as the drain lines run under the concrete floor of the main
hallway. The flowing water found the voids and separations within the original sewer line
(installed in 1974), loosened the surrounding soil, causing an impaction(s) in the line.
The extent of the damage is estimated in the upper six figures and the timeline to
complete repairs is varying. Construction estimators believe it could take up to six
months to complete repairs.
As of 2/8/2023, 24 families contacted Posada searching for assistance.
Nexus to the COVID-19 pandemic: The COVID-19 pandemic and the State of
Colorado’s subsequent public health orders were catastrophic for many of the City’s
local businesses, including the apartment complexes providing shelter to the City’s
residents. The nation’s economy almost collapsed. The owner of the Skyview
Apartments faced shortages of personnel and materials which prevented the timely
diagnosis of problems and subsequent repairs to the apartment complex’s heating and
sewer systems. Supply chain issues only further complicated the owner’s predicament.
But for the pandemic, the recent catastrophic breakdown of the apartment complex’s
heating and sewer systems would not have occurred. Those problems would have been
diagnosed and addressed in a timely manner.
FINANCIAL IMPLICATIONS:
Posada will receive $50,000 in ARPA funds from Project No.CI2113.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to provide emergency housing assistance, including hotel
vouchers, to tenants recently evicted from the Skyview Apartments.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1.
ARPA 14 - Posada 2 - Sub Agreet_City
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into this
13th day of February, 2023 (hereinafter "Effective Date") by and between the City of Pueblo,
a Colorado municipal corporation, hereinafter referred to as the "City" and Posada, Inc, a
Colorado nonprofit corporation, hereinafter referred to as the "Subrecipient" or"Posada." City
and Subrecipient/Posada are sometimes each referred to as a "Party" and collectively
"Parties."
RECITALS
The following recitals are incorporated in and made a part of this Agreement.
WHEREAS, on March 11, 2021, President Biden signed the U.S. Senate-amended
H.R. 1319 (P.L. 117-2) known as the American Rescue Plan Act (hereinafter "ARPA"); and
WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to
implement ARPA in Title 31, Part 35 of the Code of Federal Regulations ("CFR"); and
WHEREAS, by Ordinance No. 9931, approved on May 17, 2021, the City Council
established Project No. C12113 and budgeted and appropriated up to $36.7 million in funds
which were expected to be distributed to the City from ARPA for covered costs and eligible
expenses to be incurred during the period which began on March 3, 2021 until December 31,
2024 (to be expended by December 31, 2026); and
WHEREAS, on January 6, 2022, the U.S. Treasury issued, with an effective date of
April 1, 2022, the Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal
Regulations ("CFR"); and
WHEREAS, under the Final Rule, recipients may use Coronavirus Local Fiscal
Recovery Funds ("CLFRF") to respond to the COVID-19 public health emergency and the
negative economic consequences resulting therefrom; and
WHEREAS, under ARPA Section 603 (c)(1)(A) and (3) and the Final Rule 31 CFR
35.6(b)(7) recipients may use CLFR Funds to award grants to nonprofit organizations that are
responding to the negative economic impacts of the COVID-19 public health emergency; and
WHEREAS, Subrecipient has requested that the City use CLRF Funds to provide
emergency housing assistance, including hotel vouchers, to tenants recently evicted from the
Skyview Apartments as a result of a recent catastrophic breakdown of the apartment
complex's heating and sewer systems (hereinafter "Project"); and
WHEREAS, the City desires to disburse funds from Project No. CI2113 to the
Subrecipient to administer the Project and perform certain services in connection therewith
as set forth in this Agreement and in the Scope of Services attached hereto; and
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WHEREAS, Subrecipient has represented to the City that is duly qualified, eligible and
willing to undertake the Project and provide the services identified herein and in the Scope of
Services attached hereto.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the Parties, the Parties hereto mutually agree
as follows:
1. FACTUAL BASIS FOR THE GRANT AWARD
Posada provides housing and supportive services that empower homeless individuals and
families in Pueblo County to become self-supporting members of the community. Posada's
services include referrals, and education and employment assistance, with the goal of
empowering those experiencing homelessness and those at risk of becoming homeless due to
COVID-19, to achieve their full independence and potential.
Skyview Apartments, located at 2025 Jerry Murphy Road, Pueblo, C081001, provides housing to
Pueblo residents from the lower range of Pueblo's economic scale. Tenants are largely low income
and many receive financial assistance from various state and federal programs. On February 2,
2023, 85 Skyview Apartments tenants received a 3-day notice to vacate the building by the owner of
property, Skyview Apartments LLC. The notice indicated that severe damage to the apartment
building had occurred, and the building was no longer habitable.
The exact cause of the damage is unknown, but it is suspected that the mechanical louvers allowing
make- up air into the mechanical room for the operation of the combustion fuel appliances
malfunctioned and stuck open during recent cold inclement weather causing the pipes in the
mechanical room to freeze and burst. The rushing water extinguished the flames in the boiler
serving the entire building. The water within the boiler then froze damaging the unit beyond repair.
The running water proceeded to overwhelm the building drain lines, which plugged, and allowed
sewage to back up in the building. Three feet of sewage accumulated in the mechanical room,
dispersed into the laundry area, and the adjacent units on the lower level.
The sewer was compromised prior to the water break, but the extent of the damage may not have
been known as the drain lines run under the concrete floor of the main hallway. The flowing water
found the voids and separations within the original sewer line (installed in 1974), loosened the
surrounding soil, causing an impaction(s) in the line.
The extent of the damage is estimated in the upper six figures and the timeline to complete repairs
is varying. Construction estimators believe it could take up to six months to complete repairs.
As of 2/8/2023, 24 families contacted Posada searching for assistance.
Nexus to the COVID-19 pandemic: The COVID-19 pandemic and the State of Colorado's
subsequent public health orders were catastrophic for many of the City's local businesses, including
the apartment complexes providing shelter to the City's residents. The nation's economy almost
collapsed. The owner of the Skyview Apartments faced shortages of personnel and materials which
prevented the timely diagnosis of problems and subsequent repairs to the apartment complex's
heating and sewer systems. Supply chain issues only further complicated the owner's predicament.
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But for the pandemic, the recent catastrophic breakdown of the apartment complex's heating
and sewer systems would not have occurred. Those problems would have been diagnosed and
addressed in a timely manner.
2. SERVICES; RESPONSIBILITIES OF SUBRECIPIENT
(a) Prior to receiving ARPA funds under this Agreement, Subrecipient is required to
provide the City with the following information and documentation:
1. Federal SAM Unique Entity ID;
2. IRS designation as a 501(c)(3) nonprofit entity;
3. Certificate of Good Standing from the Office of the Secretary of State;
(b) Subrecipient agrees to satisfactorily perform and complete all services and
items of work, and furnish all labor and materials encompassed within or
reasonably necessary to accomplish the tasks and functions described in the
Scope of Services attached hereto as Exhibit "A" and incorporated herein by
reference, in full compliance with all provisions of this Agreement.
(c) Subrecipient warrants and represents that it: (i) has the requisite authority and
capacity to perform all terms and conditions on Subrecipient's part to be
performed hereunder; (ii) that it is fully aware of and understands its duty to
perform all functions and services in accordance with the regulatory
requirements of 31 CFR Part 35 and those identified in Exhibit "C" hereto; and
(iii) that it is accepting federal financial assistance hereunder subject to certain
mandatory repayment provisions.
(d) This Agreement is a covered transaction for purposes of 2 CFR, Part 180 and
2 CFR, Part 3000. As such the Subrecipient is required to verify that none of
the Subrecipient, its principals (defined at 2 CFR Section 180.995) or its
affiliates (defined at 2 CFR Section 180.905) are excluded (defined at 2 CFR
Section 180.940) or disqualified (defined at 2 CFR Section 180.935).
(e) The Subrecipient must comply with 2 CFR Part 180, subpart C and 2 CFR Part
3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
(f) This certification is a material representation of fact relied upon by City. If it is
later determined that the Subrecipient did not comply with 2 CFR Part 180,
subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available
to City, the federal government may pursue available remedies, including but
not limited to suspension and/or debarment.
(g) The Subrecipient agrees to comply with the requirements of 2 CFR Part 180,
subpart C and 2 CFR Part 3000, subpart C during the term of this Agreement.
The Subrecipient further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
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3. RESPONSIBILITIES OF THE CITY
The City shall designate a representative of the City who will be authorized to make all
necessary decisions required of the City on behalf of the City in connection with the
performance of this Agreement and the disbursement of funds in connection with the Project.
In the absence of such a designation, the Mayor shall be deemed as City's authorized
representative.
4. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT
(a) The City will pay to Subrecipient an amount up to that specified in
subparagraph (c) of this paragraph as full compensation for all services and
work to be performed or undertaken by Subrecipient under this Agreement.
Payment of funds to Subrecipient is subject to all of the following requirements,
which shall be conditions precedent to payment: (i) that Subrecipient has
expended funds for eligible approved expenditures, (ii)that Subrecipient is not
in default of any material provision of this Agreement nor applicable law or
regulation, (iii) that Subrecipient has timely submitted requests for payment or
reimbursement detailing the eligible payment or reimbursement items in a
format approved by City, (iv) that Subrecipient has certified with each payment
or reimbursement request compliance with the requirements identified in
Exhibit "C" and that all expenditures for which reimbursement is sought were
made for and in furtherance of the approved Project and are an eligible use of
federal assistance under ARPA and federal regulations.
(b) Payment hereunder is also subject to and may only be disbursed in accordance
with applicable Federal regulations including but not limited to those at 31 CFR
Part 35, as presently promulgated and as same may be revised from time to
time in the future, all other terms of this Agreement, and any special provisions
in the Scope of Services. All payments received by Subrecipient hereunder
are subject to repayment by Subrecipient as provided in 31 CFR Part 35.
(c) The aggregate of all payments made hereunder shall not exceed Fifty
Thousand Dollars (U.S. $50,000.00). City shall make said funds available to
Subrecipient within five (5) days following approval of this Agreement by the
City Council of the City of Pueblo and execution of this Agreement by the
Subrecipient.
(d) Notice pursuant to 2 CFR 25.300 — Requirement for recipients to ensure
subrecipients have a unique entity identifier:
• A recipient of ARPA funds, such as the City of Pueblo, may not make a
subaward to a subrecipient unless the subrecipient has obtained and
provided to the recipient a unique entity identifier. Subrecipients are not
required to complete full SAM registration to obtain a unique entity identifier.
• A recipient must notify any potential subrecipients that the recipient cannot
make a subaward unless the subrecipient has obtained a unique entity
identifier.
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(e) Upon expiration of the term of this Agreement or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on
hand at the time of expiration or termination.
5. TERM OF PROJECT AND AGREEMENT
(a) The term of the Project shall be from Effective Date set forth above to
December 31 , 2023 unless sooner terminated as herein provided.
(b) The term of this Agreement shall be from the Effective Date set forth above to
December 31, 2023 unless sooner terminated as herein provided.
6. TERMINATION OF AGREEMENT
(a) For Cause: This Agreement may be terminated by City for cause, including
any nonperformance by the Subrecipient, upon ten (10) days written notice to
Subrecipient including a statement of the reasons therefore, and after an
opportunity for a hearing has been afforded. If a hearing is requested, it shall
be held before the City's Mayor whose decision shall be final. The
determination of the City as to the cause of termination and the
appropriateness thereof shall be final and binding upon both City and
Subrecipient. Cause for termination shall include any material failure by
Subrecipient to comply with any term of this Agreement.
(b) For Convenience: This Agreement may be terminated by City for convenience
upon ten (10) days written notice to Subrecipient, which decision shall not be
subject to appeal.
(c) Post Expiration and Termination Procedures: Upon expiration or in the event
of a prior termination, all remaining and unspent grant funds, shall immediately
become the sole and separate property of the City and the Subrecipient shall
perform all acts and execute all instruments necessary to transfer and assign
such funds to the City. All finished or unfinished documents, data, studies,
reports, and work product prepared by the Subrecipient under this Agreement
or with grant funds shall, at the option of the City, become City's property.
7. ASSIGNABILITY
This Agreement shall not be assigned or transferred by the Subrecipient without the prior
written consent of the City. Any assignment or attempted assignment made in violation of
this provision shall, at City's election, be deemed void and of no effect whatsoever.
8. CONFLICT OF INTEREST
The Subrecipient certifies and warrants that neither it nor any members of its Board of
Directors, officers or employees has or will derive any personal or financial interest or benefit
from the activity or activities assisted pursuant to this Agreement, nor has an interest in any
contract, subcontract or agreement with respect thereunto, nor the proceeds thereunder,
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either for themselves or for those with whom they have family or business ties, during their
tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are
prohibited by applicable federal regulations including but not limited to those set forth in 31
CFR Part 35 as presently promulgated and as same may be revised from time to time in the
future.
9. SUBRECIPIENT RECORDS
Subrecipient shall maintain records as to all services provided, reimbursable expenses
incurred in performing the Scope of Services and complete accounting records. Accounting
records shall be kept on a generally recognized accounting basis and as requested by the
City's auditor. The Subrecipient agrees to comply with all applicable uniform administrative
requirements described or referenced in 31 CFR 35. The Compliance Provisions attached
as Exhibit "B" hereto are made a part of this Agreement and Subrecipient agrees to perform
and comply with same. The City, Comptroller General of the United States, the Inspector
General of the U.S. Treasury and any of their authorized representatives, shall have the right
to inspect and copy, during reasonable business hours, all books, documents, papers and
records of the Subrecipient which relate to this Agreement for making an audit or examination.
Upon completion of the work and end of the term of this Agreement, the City may require
copies of all Subrecipient's financial records relating to this Agreement to be turned over to
City.
10. MONITORING AND EVALUATION
The City shall have the right to monitor and evaluate the progress and performance of the
Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in
accordance with City's and other applicable monitoring and evaluation criteria and standards.
The City shall at least quarterly review the Subrecipient's performance using on-site visits,
progress reports required to be submitted by the Subrecipient, audit findings, disbursements
transactions and contact with the Subrecipient as necessary. The Subrecipient shall furnish
to the City quarterly program and financial reports of its activities in such form and manner as
may be requested by the City. Subrecipient shall fully cooperate with City in relation to such
monitoring and evaluation.
11. SUBRECIPIENT FILES AND INFORMATION REPORTS
The Subrecipient shall maintain files containing information which shall clearly document all
activities performed in conjunction with this Agreement, including, but not limited to, financial
transactions, conformance with assurances and activity reports. These records shall be
retained by the Subrecipient for a period of three years after the completion of the Project.
Financial and activity reports shall be submitted quarterly no later than the ninth day of the
month following the end of the quarter for which the report is submitted.
12. INDEPENDENCE OF SUBRECIPIENT
Nothing herein contained nor the relationship of Subrecipient to City, which relationship is
expressly declared to be that of an independent Agreement or, shall make or be construed to
make Subrecipient or any of Subrecipient's agents or employees the agents or employees of
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the City. Subrecipient shall be solely and entirely responsible for its acts and the acts of its
agents, employees and subcontractors.
13. LIABILITY AND INSURANCE
(a) As to the City, Subrecipient agrees to assume the risk of all personal injury,
including death and bodily injury, and damage to and destruction of property,
including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this
Agreement by Subrecipient or by the conditions created thereby. Subrecipient
further agrees to indemnify and save harmless the City, its officers, agents and
employees, from and against all claims, liabilities, costs, expenses, penalties
and attorney fees arising from such injuries to persons or damages to property
or based upon or arising out of the performance or nonperformance of this
Agreement by Subrecipient or out of any violation by Subrecipient of any
statue, ordinance, rule or regulation.
(b) During the term of the Project, Subrecipient shall maintain Workers'
Compensation Insurance complying with statutory requirements in Colorado.
14. CERTIFICATIONS
The Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C"
hereto, and Subrecipient's application for ARPA funds, both of which are hereby made a part
of this Agreement. In the event of any conflict between the terms of this Agreement and
Subrecipient's Application, this Agreement shall control.
15. REVERSION OF ASSETS
(a) Upon expiration of the term of this Agreement, or upon any prior termination,
Subrecipient shall transfer to City any funds provided hereunder which are on
hand at the time of expiration or termination.
(b) In the event City incurs any costs or expenses in enforcing the requirements of
this paragraph 15 or in bringing any action to recover the property or amount
of any repayment obligation, City shall be entitled to recover its costs and
expenses, including reasonable attorney's fees.
16. PERA LIABILITY
The Subrecipient shall reimburse the City for the full amount of any employer contribution
required to be paid by the City of Pueblo to the Public Employees' Retirement Association
("PERA") for salary or other compensation paid to a PERA retiree performing Agreement ed
services for the City under this Agreement. The Subrecipient shall fill out the questionnaire
attached as Exhibit D and submit the completed form to City's Finance Office as part of the
signed Agreement.
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17. ENTIRE AGREEMENT; AMENDMENTS
The provisions set forth in this Agreement, and all Exhibits and attachments to this
Agreement, constitute the entire and complete agreement of the parties hereto and
supersede all prior written and oral agreements, understandings or representations related
thereto. No amendment or modification of this Agreement, and no waiver of any provisions
of this Agreement shall be binding unless made in writing and executed by the duly authorized
officers of both the Subrecipient and City.
18. GOVERNMENT IMMUNITY. The City does not waive or intend to waive, by any
provisions of this Agreement, the monetary limitations or any other rights, immunities and
protections provided by the Colorado Governmental Immunity Act§24-10-101 to 120, C.R.S.,
or otherwise available under applicable law.
19. NO THIRD-PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement and all rights of action relating to
such enforcement shall be strictly reserved to the Parties and nothing contained in this
Agreement shall give or allow any such claim or right of action by any other third party. It is
the express intention of the Parties that any person other than the Parties receiving services
or benefits under the Agreement shall be deemed an incidental beneficiary only.
20. LITIGATION, VENUE AND WAIVER OF TRIAL BY JURY. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and
reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County,
Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of
Colorado, and each Party submits to the personal and subject matter jurisdiction of such
District Court. To the fullest extent permitted by law, the Parties hereby waive their right to a
trial by jury.
21. SEVERABILITY. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall
nonetheless remain in full force and effect.
22. RULES OF CONSTRUCTION. The Parties acknowledge that the Parties and their
counsel have reviewed and revised this Agreement and that the normal rule of construction
to the effect that any ambiguities are to be resolved against the drafting Party shall not be
employed in the interpretation of this Agreement or any exhibits or amendments hereto.
23. WAIVER. The waiver or failure to enforce any provision of this Agreement shall not
operate as a waiver of any future breach of any such provision or any other provision hereof.
24. NO MONETARY DAMAGES AGAINST CITY. In consideration of City entering into the
Agreement, Subrecipient waives and discharges City, its officers, agents and employees from
any and all claims for any monetary damages whether such claims arise under tort, contract,
statutory or any other law.
25. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts
and each such counterpart shall be deemed for all purposes to be an original and all such
counterparts shall together constitute but one and the same original.
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26. SIGNATURES. The persons signing this Agreement on behalf of Subrecipient
represent and warrant that such persons and Subrecipient have the requisite power and
authority to enter, execute and deliver this Agreement and that this Agreement is a valid and
legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with
its terms.
IN WITNESS, WHEREOF, the Subrecipient and the City have executed this
Agreement as of the date first above written and under the laws of the State of Colorado.
ATTEST: CITY OF PUEBLO
A COLORADO MUNICIPAL
CORPORATION
411° _ By 71(414ettrie°.-eAcilcameilit4
ity C�! Nicholas ArMayor
POSADA, INC.
A COLORADO NONPROFIT CORPORATION
By:
Name: ' 1 � ti���r► ,�--,
Title: PC -i�. �`(�c ✓"
9
EXHIBIT A
SCOPE OF SERVICES
Changes in the scope of services, budget, or method of compensation contained in this
Agreement, unless otherwise noted, may only be made through a written amendment to this
Agreement, executed by the Subrecipient and the City.
A. Performance Monitoring:
The City will monitor the performance of the Subrecipient according to the Principal Tasks and
Budget set forth herein. Substandard performance shall mean non-compliance with this
Agreement. If actions to correct such substandard performance are not taken by the Subrecipient
within a reasonable period of time after being so notified by the City, contract suspension or
termination procedures may be initiated, in the sole discretion of the City.
SUBRECIPIENT'S SCOPE OF SERVICES
B. Principal Tasks
The Subrecipient will be responsible for administering the Project. The Subrecipient will
administer all tasks encompassed in the aforesaid Project in compliance with all applicable
federal, state and local rules and regulations governing the Project, in a manner satisfactory to
the City.
The components of the Subrecipient's work plan under this Agreement shall be as follows:
• provide emergency housing assistance, including hotel vouchers, to tenants recently
evicted from the Skyview Apartments as a result of a recent catastrophic breakdown
of the apartment complex's heating and sewer systems.
C. Budget $50,000
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EXHIBIT B
COMPLIANCE PROVISIONS INCORPORATED
IN THE SUBRECIPIENT AGREEMENT
I. An accounting system using the accrual basis of generally accepted accounting principles which
accurately reflects all costs chargeable (paid and unpaid) to the Project is mandatory. A receipts and
disbursements ledger must be maintained. A general ledger with an income and expense account for each
budgeted line item is necessary. Paid invoices revealing check number, date paid and item is necessary.
Similarly, cash receipts for the payment of wages is mandatory. Paid invoices revealing check number,
date paid and evidence of goods or services received are to be filed per the expense account they were
charged.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. Eligible expenses are those considered reasonable and necessary costs for the efficient operation
of the Project as determined by the City. All costs must be budgeted items. Request for advance or
reimbursements of expenses must be accompanied by:
I. Original invoice marked with funding source
2. Detailed listing of each expense showing:
a) recipient
b) brief description of purchase
c) amount with method of computation detailed
Cost Summary must be submitted quarterly to reflect entries through the closing date for the books
(indicate Closing Date on Cost Summary).
4. The City shall not be obligated to any third party Agreement contractors of the Subrecipient. The
subrecipient is further cautioned against obligating funds beyond the Agreement date of the agreement
between the City and the Subrecipient.
5. The Subrecipient will furnish the City such statements, records, data and information, and permit
such interviews with personnel as the City may request to effectively monitor and evaluate the project.
6. City auditors will periodically make interim audits and may, upon completion of the Project,make
a final audit.
7. All records must be retained by the Subrecipient for a period of three years following the last day
of the Agreement. (Cost summary reports must reflect actual general ledger balances.)
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EXHIBIT C
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance with
all applicable municipal, state and federal statutes and regulations, including but not limited to the
following:
Municipal and State
(1) The Charter, Municipal Code and the Rules and Regulations of the City of Pueblo, including
but not limited to, the legal obligation to obtain all required licenses and permits from the City of Pueblo.
(2) The Constitution, Colorado Revised Statutes and the Rules and Regulations of the State of
Colorado, including,but not limited to, the legal obligation to obtain all required licenses and permits from
the State of Colorado.
Federal
(1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and
implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as
amended;and that the grantee will administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD
implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control and abatement of water pollution;
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(11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos.
A-102, Revised, 24 CFR 85 and Subpart .1 of24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they
relate to the acceptance and use of federal funds under this federally-assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et seq.) as amended (particularly section 176 (c) and
(d) [42 U.S.C. 7506 (c) and (d)]) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as
amended. Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA);
(14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.seq., and 21 U.S.C. 349)
as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e));
(I5) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but
not limited to section 7 (16 U.S.C. 1536) thereof;
(16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16
U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974;
(17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly
sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)];
(18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.);
particularly sections 2 and 5;
(19) Lead-Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant
to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended;
particularly section 106 (16 U.S.C. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to the
prevailing wage requirements of the Davis-Bacon Act(29 CFR, Parts 3 and 5), the Copeland Act(29 CFR
Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a
project meets this applicability requirement,the labor standards provision of the HUD 4010 and the Davis-
Bacon Wage Decision issued for the project will be incorporated into this Agreement document and shall
be incorporated into all construction contracts and subcontracts of any tier thereunder.
(23) No ARPA funds may be expended for lobbying purposes and payments from other sources
for lobbying must be disclosed pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352 ).
(a) No federally appropriated funds have been or will be paid, by or on behalf of
subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal Agreement , the making of any federal grant, the making of any federal loan,
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the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(h) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal Agreement, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying,"in accordance with its instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal requirements
apply regarding worker exposure, abatement procedures and disposal. (CPD-90-44 EPA/OSHA).
(25) The Subrecipient also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
(26) The Subrecipient and all of its subcontractors acknowledge and will comply with the
requirements of 2 C.F.R. § 200.216, including the prohibition on spending federal loan or grant funds to
procure or obtain the prohibited equipment, services, or systems covered by the provision.
(27) To the extent consistent with law and in accordance with 2 C.F.R. § 200.322, Subrecipient
and all of its subcontractors will to the greatest extent practicable under the Agreement,provide a preference
for the purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured products). This
requirement must be included in all contracts and purchase orders which Subrecipient may enter into.
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EXHIBIT D
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE
ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2), C.R.S.,salary or other compensation from the employment,engagement,retention
or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement
Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated
party by the City of Pueblo to perform any service as an employee, Agreement employee, consultant, independent
Agreement or, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore, as a condition of this Agreement for services with the City of Pueblo, this document must be completed,
signed and returned to the City of Pueblo:
a) Are you, or do you employ or engage in any capacity, including an independot Agreement or, a PERA
Retiree who will perform any services for the City of Pueblo? Yes ,No V.
b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole
proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated
party? Yes ,No
If you answered"yes"please state which of the above entities best describes your business:
c) If you answered"yes"to both(a)and(b), please provide the name, address and social security number of
each such PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two,please attach a supplemental list)
Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied
the privilege or doing business with the City of Pueblo.
If you answered "yes" to both (a) and(b), you agree to reimburse the City of Pueblo for any employer contribution
required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or
paid to any employee or independent Agreement or of yours who is a PERA Retiree performing services for the City
of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys
due or payable to you by the City of Pueblo under any current or future Agreement or other arrangement for services
between you and the City of Pueblo.
Signed I 7 ,20L . /'
By: c „-
Name: trn BO IY
Title: tue. C.`Cc7r—
For purposes of responding to question(b)above,an"affiliated party"includes(1)any person who is the named beneficiary or co-beneficiary on
the PERA account of the PERA Retiree; (2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings, half-siblings,children, and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,
spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an
agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's
regular salary or compensation.
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